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2025 DAILYLAW 102994 (ALL)

SREE RAM CHAUHAN v. State of UP AND 4 OTHERS

WRIC/33395/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13647-DB Court No. - 29 Case :- WRIT - C No. - 33395 of 2024 Petitioner :- Sree Ram Chauhan Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Brahma Nand Pandey,Ram Rasik Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Petitioner is aggrieved by an order of the Sub Divisional Magistrate, Sadar, District-Azamgarh, whereby petitioner's representation in respect of recording of name in the Family Register has been rejected. 2. Learned counsel for the petitioner states that under Section 6 of UP Panchayati Raj (Maintenance of Family Registers) Rules 1970, the order of Sub Division Magistrate attaches finality. Rules 6 provides for inclusion of names in the family register. Any person aggrieved by an order made under Rule 6 has the remedy of filing appeal before the Sub Divisional Officer, whose decision shall be final. 3. In the facts of the present case, the decision of Sub Divisional Officer rejecting the claim of the petitioner attaches finality. 4. The primary question to be determined is as to whether Smt. Chameli was married to Ram Pari and was a member of family of Ram Pari or not. The determination made by the authority under the rules is a determination made in summary proceedings. Such determination under the rules attaches finality in such summary proceedings. These proceedings, however, always remain subservient to an appropriate adjudication made by the competent civil court. 5. The order passed by the Sub Divisional Magistrate, therefore, can always be challenged in an appropriate Proceedings for necessary declaration and it goes without saying that the order passed by the Sub Division Magistrate shall remain subject to such adjudication made by the competent civil or revenue court. This is so as various factual issues with regard to status of deceased would require leading of evidence and would be impermissible in exercise of writ jurisdiction. 6. In light of above observations made, this petition is consigned to records. Order Date :- 27.1.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad